JUGESHWAR SINGH Vs. RIJHAN SINGH

JUDGEMENT

(1.) This is a first, appeal against the final decree in a partition suit, the appellants objecting to the takhtas which have been allotted to them by the order of the Subordinate Judge. Having regard to the frequency with which appeals from final decrees come to us, it is desirable that the principles upon which such appeals must be heard should be restated with emphasis.

(2.) The Subordinate Judge when he makes the final decree) considers, first, the report of the Commissioner; the Commissioner has been to the spot, has heard the contentions of the parties and the evidence which the parties produced before him and then to the best of his ability directed the partition by metes and bounds, taking into consideration the element of compactness, the element of equality, the nature of the land to be divided and many other circumstances which ho must take into account and then submits his report to the Sub-ordinate Judge. It is then open to any party, who is dissatisfied with the takhta allotted, to ask the Subordinate Judge to disregard the report of the Commissioner; and the Subordinate Judge again reviews the facts and corrects the award of the Commissioner.

(3.) Therefore a first appeal to this Court from the order of the Subordinate Judge is really in the nature of a second appeal in which only questions of law and principle can be considered. It is quite impossible for the Court to go down to the area in question, inspect the land, hear the various objectors and in fact review the decision of the Commissioner on fact.